Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-01
lNFoR NATION
~....FoR....
OWNERS AND LOCATORs
~...oF....
MI i M E: .s
APPLICATION FOR PATENT.

but must be Transmitted IN ~ nor
eral Land Once. " 0en
An application will be rejected whom tho
scription OF the premises is erroneous a.
sufficient.
csuse: 'S'ou Dc
First The notice was published without,h.
knowledge Of the Register.
cond-T notice was not publ,sbad
designated as published nearest ~
claim. tne
Third-Record title was found defec,,v.
and ueiecuve,
FOURTH previous application had been
made for the same premises, which was s,ss
drawn pending d suit in Court commenoad W.
the adverse claimant. W
An application for patent will bs raiao..,
when the survey does not accurately define ~
boundaries OF the claim.
Where the claim was not Iecatad In $685.,
ance with law. "iu'
Where several parties own separate and Al.
tinct portions of q claim. appltcation ~
patent may be made by either for tn At MORTAR
Oh the claim owned py him; but where sorersl
parties own undivided interests in . rninana
claim all should join In an application so.s
patent.
A person or association may pnrcb.so.
many placer locations as the local law sdntts
and embrace them all In one application for !
pRtont.
Two or more lodes cannot be embr.oa,
one application for a patent except for nIscs.
claims embracing two or more lodes withtn
their boundaries
Papers sworn to before any person purpor,-
ing to act as a deputy for the Register ana pa-
ceiver cannot be recorded a. evidences.
In all patents for mining claims s,,r...a
within the interior boundaries of a town si,a
q clause Is in, erted "'excepting and eYoInd;no
all own property, rights upon the surfscs
and all houses, buildings, structures io,s'
blocks, streets, alleys or other municinsl IN
provements not belonging to the grantee hera.
in, and all rights necessary or proper 10 ~
occupation, possession and enjoyment Of thu
same"
Publication of notice must be made n or,,
one newspaper for the period OF 60 DAYS.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elspse between ne
| fret and last insertions.
Where the Register designstes thsdsilyi ssue
of a Mt newspaper for publication of notices of =
mining application for patent 1t Ia not q com.
plisnce with law 20 change TO the weekly edi.
tion OF the same paper without authority u
| the Register.
The existence OF q salt spring on a tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADvERsE cLAIas.
Adverse claimants must file q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim. once hled.
cannot DO Withdrawn, but becomes part OF the
record.
When an adverse claim has been fled it can
not be amended so as to embrace q larger per.
ton OF the premises than that described in the
| original adverse claim,
An adverse claim must he made out In
proper form and filed in the proper local Office
during the period of publication Of the sppli.
cation for the patent 10 be effective.
1t is the duty OF the adverse claimant o
suit in proper form within the re-
CURED time, and II be trusts the uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident should
the failure TO commence suit be the result Of
the cor tupt or dishonest action of HIS attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
Ing conclusions OF law, without stating the
facts specially, Will not be considered IN evil
dence.
An adverse claimant should show q compli-
ance with the local laws In recording his claim
and in regard to expenditures. and shall nle 3
copy Of the original notice OF his location, and
show the nature or extent OF the connict
alleged.
An allegation of parties to a suit that they
compose the company 10 sufficient, and they
are not required TO prove that they are the
original ~locAtors or the identical parties VINO
present the adverse claim.
AGRICULTURAL Oh MINERAL LASDs
Where and is Of little, If any value, for sgri.
cultural purposes, but Is essential to the
proper development Of mining claims, 1t
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled &C any time
prior to issuance Of patent, upon satisfactory
evidence of the existence of such valuable dc.
posts.
where valuable deposits OF mineral are dis.
covered upon q tract sfter the same pas been
utered as agricultural, but before / stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled to
that portion of the Ian embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before disposiDg OF the mine. Proof that the
party was not a citizen before disposing OF hs
claim must be aifrmatively shown.
Locators and intermediate owners, other
than applicants, will not be presumed shens,
in the absence Of allegation or objection prior
TO issuance Of patent.
The portion of a mining claim sold 10 On
alien cannot be patented while such owner 10
an alien; but on his declarationi o become
citizen his right dates back to his purchase,
Sud he may thereupon secure United states
patent for his claim.
CROSS LEDGEs
Revised Statutes. Section 1896:
Where two or more lodges cross or intersees
each other, priority of title shall govern, hnu
such prior location shall be entitled to All ore
or mineral cont ined within the space OF intol.
section, but the subsequent location shall nav
the right OF way through the space OF lhtei.
section Tor the purpose Of the conVeniens
working OF the mine. And where two OF fiot1 1
veins unite the oldest or prior Location sha.
take the vein below the point OF union' IN
Guiding all the space of intersection.
N
There Is no authority of law for q tunhei
location 5000 by l 500 foet. A proper loeauon
Ia the width of the tunnel for 5000 feet. -.
There Is no provision OF law for patentlns
tunnel loo Rtions, but lodes discovered In run
ming a tunnel may be patented In like manner
as other lodes,
ma 10 M IO